sri lanka's commissions of inquiry - Law & Society Trust

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Time Period 258 It is recommended that when detainees or surrendees are sent to a Rehabilitation Centre they should be made aware of their period of stay in the Centre and their date of release. It is desirable that whenever a detainee or surrendee reaches a particular level of rehabilitation for the Commissioner-General to recommend his or her release even before the specified date. Such provision will certainly have a telling effect on their conduct during their stay in the Rehabilitation Centre. In deciding the period of rehabilitation their civil status also should be taken into consideration. 259 Children Separation from Adults In the case of ex-child combatants and children, in order to safe guard their dignity, confidentiality and to provide them with special care and attention, they should be separated from the adults in rehabilitation. 260 Specialised Staff In addition, the staff working with these children should be selected with care and be given specialised training. 261 258. “One of the main grievances of the inmates at Bindunuwewa was the uncertainty of their period of rehabilitation. Even the women surrendees at "Meth Sevana" in Gangodawila are unaware of their date of release.” 259. Commission Report, 2001, p.200 (3). 260. “It must be borne in mind that Sri Lanka is a signatory to the "Convention of the Rights of the Child" which lays down that "in accordance with their obligations under International Humanitarian Laws in armed conflict State should take all feasible measures to ensure protection, and care of children affected by armed conflict." Commission Report, 2001, p. 201 (6(a)). 261. Commission Report, 2001, p.201 (6(b)). 159
Location In the selection of a site for such Centres in future, specially due to the war situation in the country, the authorities should not only give consideration to the availability of geographical locational factors but also should take into consideration the all important human factor as well. It is vital that the Centre should be acceptable to the people. This matter has been considered in detail in the chapter titled "Location of the Rehabilitation Centre". In this context it is advisable to call for intelligence reports, surveys, studies and feasibility reports prior to the taking of any decision in the selection of a site. 262 On 18.09.2001, the Commission visited "Meth Sevana" Rehabilitation Centre at Gangodawila established for the rehabilitation of LTTE women surrendees, for the purpose of seeing whether the safety of the inmates was adequate location wise. With the war situation still on, this Centre is severely exposed and vulnerable. Hence I strongly recommend that this Centre be moved to a place which would ensure their safety and protection. 263 262. Commission Report, 2001, p.202 (8). 263. Commission Report, 2001, p.205 (14). 160
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A LEGACY TO REMEMBER; SRI LANKA’S
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DEDICATION For all the named and un
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Table of Contents Abbreviations ...
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Returned detainees ................
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CGR CRM CSU CTB DDC DIG DIU DNA DPP
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NSSP OIC O Level P.C. PCIIRP PLOTE
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Preface Sri Lanka has constituted C
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xviii
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It comprises summaries of the final
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PART 1 REPORTS OF THE COMMISSIONS E
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BRIEF STATEMENT OF FACTS: During th
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2. PRESIDENTIAL COMMISSION OF INQUI
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violence by the UNP and their allie
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The Commission’s perspective mirr
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(c) whether any action if any, agai
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SUMMARY OF RECOMMENDATIONS: Althoug
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yet occurred, thus suggesting that
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The differences in the mandate may
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5. SRI LANKA’S COMMISSIONS OF INQ
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However, when the President was ask
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5.1.4 The Timeframe Under Review Co
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Commissions used standard complaint
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Justice does not simply mean the pu
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REPORT TITLE : (a) whether any pers
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There appears to be very little pro
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5.3 COMMISSION OF INQUIRY INTO THE
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BRIEF STATEMENT OF FACTS: The Commi
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These two problems unless handled w
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REPORT TITLE : (b) the evidence ava
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egarding certain army camps. Includ
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separate cover the list of names of
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in the said Provinces. The cases in
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commenced on the respective dates,
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BRIEF STATEMENT OF FACTS: The All I
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the liability of non-state armed gr
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Led by Deputy Inspector General T.V
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killings and human rights violation
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BRIEF STATEMENT OF FACTS: On 25th O
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SUMMARY OF RECOMMENDATIONS: Recomme
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(c) the nature and extent of the da
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other sources, including many that
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10 OTHER MECHANISMS 10.1. MINISTRY
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Can the Board of Investigation acco
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suggestive of a pattern of reprisal
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All the circumstances pertaining to
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and the LTTE were unsuccessful. Spe
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INVESTIGATIONS CATEGORY OF REC RECO
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The investigations into the persons
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104. Not implemented. 105. Not adhe
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General The Commission feels that o
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Principles of procedural fairness i
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Recognise criminal liability of off
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If any perpetrator is alleged to ha
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Habeas Corpus Adverse finding in a
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Amnesty An amnesty be given to witn
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Magistrate’s Court - Special Divi
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PUNITIVE MEASURES CATEGORY OF REC F
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Human rights records of members of
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(v) A written record of such inform
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Page 130 and 131: Magistrates be empowered to require
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Page 134 and 135: Emergency Regulations The utilizati
Page 136 and 137: LEGAL REFORM CATEGORY OF REC RECOMM
Page 138 and 139: Law Reform Article 17 and 126 of th
Page 140 and 141: RELIEF AND REHABILITATION CATEGORY
Page 142 and 143: Legislative provision be made for e
Page 144 and 145: The finding of a Disappearance Comm
Page 146 and 147: Though providing relief to those wh
Page 148 and 149: Public Relief Schemes to provide pu
Page 150 and 151: Emotional Rehabilitation Death Cert
Page 152 and 153: Special Mechanisms Advisory Service
Page 154 and 155: SPECIFIC ACTORS/ GROUPS CATEGORY OF
Page 156 and 157: MISCELLANEOUS CATEGORY OF REC RECOM
Page 158 and 159: That each of the complaints not com
Page 160 and 161: TABLE OF RECOMMENDATIONS OF OTHER C
Page 162 and 163: REPORT ON INCIDENTS WHICH TOOK PLAC
Page 164 and 165: (6) Economic stagnation and unemplo
Page 166 and 167: Whatever may be the rule in this is
Page 168 and 169: Finally, I would recommend that the
Page 170 and 171: REPORT OF THE PRESIDENTIAL COMMISSI
Page 172 and 173: REPORT OF UNLAWFUL DETENTION AND TO
Page 174 and 175: It would be appropriate that, Repre
Page 176 and 177: Ample evidence has been elicited at
Page 180 and 181: Security In view of the experience
Page 182 and 183: Non-governmental Organisations Evid
Page 184 and 185: LEGAL PROCEEDINGS Prosecutions The
Page 186 and 187: ACTORS Vetting The establishment of
Page 188 and 189: The Argentinean Comisión Nacional
Page 190 and 191: the disappeared 291 and erection of
Page 192 and 193: aware through public meetings, post
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